Strategies

Executive Order 2020-41 Permits Limited and Temporary Relief from Certain Witnessing and Notary Requirements

Effective April 8, 2020 through May 6, 2020, the Governor has relaxed notary and witnessing requirements required by Michigan law in the wake of the COVID-19 pandemic.  Executive Order 2020-41 was put in place to attempt minimize in-person interaction and facilitate remote work during the declared states of emergency and disaster.  The Order waives strict compliance with the Uniform...

A Look at the Rarely Used Powers of the Michigan Supreme Court During a State of Emergency

Governor Gretchen Whitmer’s declaration of a state of emergency by her March 10, 2020 Executive Order 2020-4 to mitigate the risk posed by the novel COVID-19 coronavirus has impacted the practice of law in ways never seen before.  Following suit, the Michigan Supreme Court, on March 15, 2020, began issuing several Administrative Orders, including those authorizing trial courts to...

Coronavirus Impact – Essential Employees, Whistleblowers, and The Stay Home, Stay Safe Order

Given the unprecedented nature of Governor Gretchen Whitmer’s Executive Order 2020-21 (the “Stay Home, Stay Safe Order”) barring all in-person work that is not “necessary to sustain or protect life or to conduct minimum basic operations” employers have scrambled to determine whether their business is covered by the order and whether their employees can continue to come to work consistent with...

Coronavirus and Construction Contracts – What Owners, General Contractors, and Subcontractors Need to Know

On March 23, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-21, the “Stay Home, Stay Safe Order”.  In the Stay Home, Stay Safe Order, the Governor barred all in-person work in the state, unless it was “ necessary to sustain or protect life or to conduct minimum basic operations.”  This restriction included most commercial and residential construction...

COVID-19, Executive Order 2020-21, and Business Interruption Insurance

The halting effect of COVID-19 and Governor Whitmer’s Executive Order 2020-21 on Michigan businesses is unrivaled in recent memory.  Unforeseen interruptions to businesses and their income, however, are not.  In addition to conventional CGL coverage, for decades insurers have offered insurance products that protect businesses from financial strain resulting from unexpected business...

Is the Coronavirus Pandemic an “Act of God” Under the Common Law?

While most of us are rightly saying we have never seen anything like this before, there have been pandemics and the law does remember them and record what happened during them.  Many of the legal issues that will be raised in the coming months and years arising out of the closures caused by the Coronavirus are not “unprecedented” – at least not in the common law.  In fact,...

The Michigan Court of Appeals Clarifies Intent, Remedy, and Valuation Considerations in Shareholder Oppression Actions

Recently, the Michigan Court of Appeals addressed three issues commonly raised in shareholder oppression or member oppression actions: (1) whether a plaintiff must prove that the defendant intentionally engaged in unfair and oppressive conduct; (2) whether a court can order a specific remedy for the plaintiff on the plaintiff’s motion for summary disposition; and (3) whether valuations of a...

New Discovery Rules Update – The Scope of Allowable Discovery has Narrowed

As practitioners are now aware, effective January 1, 2020, the Michigan Court Rules regarding discovery have been amended, changing them significantly.  One of the key changes has been to the “scope” of discovery.  Previously, the Michigan Court Rules provided that the scope of discovery had two limits placed on it: (1) the discovery had to be “relevant to the subject matter...

Michigan Supreme Court Addresses the Ability to Add Non-Party At Fault Through Amendment of the Complaint

By Matthew Smith Notices of non-party fault are common and frequently lead to multi-defendant, multi-tiered litigation.  After a plaintiff asserts one or more claims against a defendant, MCR 2.112(K)(3)(a) requires defendant to file a notice identifying any non-party the defendant believes “is wholly or partially at fault.” The notice “must be filed within 91 days after the party...

Michigan Supreme Court Makes Two Clarifications to the Summary Disposition Standard

By Stephen McKenney The Michigan Supreme Court recently clarified the standard for evaluating motions for summary disposition based on the plaintiff’s failure to state a claim for relief (i.e., MCR 2.116(C)(8)).  The July 10, 2019 opinion in El-Khalil v Oakwood Healthcare, Inc. (Docket No. 157846) made two important holdings regarding how trial courts should evaluate: (1) pleading the...